Merchant Shippers Ass'n v. Kellogg Express & Draying Co.

This is an appeal from a judgment for damages which the court found plaintiff had sustained by reason of defendant’s handling of a piece of machinery in the course of delivery to its destination. As grounds for reversal, defendant challenges: (1) The right of plaintiff to maintain this action; (2) the sufficiency of the evidence to sustain the findings upon which defendant’s liability was based; and (3) the propriety of the damage award. The record does not support defendant’s position.

Both plaintiff and defendant, California corporations, were engaged in interstate commerce, plaintiff as a…